BILL ANALYSIS H.B. 1503 By: Yarbrough (Whitmire) Intergovernmental Relations 4-27-95 Senate Committee Report (Unamended) BACKGROUND The City of Houston Municipal Employees' Pension System (system) is governed by Article 6243(g), V.T.C.S. This article applies only to the City of Houston. The pension system is governed by a board of directors (board). The board and the system are charged with administering a two-track pension system, referred to in the statute as Group A and Group B. Presently, the board has sole responsibility for its actions as set out in Sections 5(a) and (h) and Section 20, Article 6243(g). PURPOSE As proposed, H.B. 1503 sets forth provisions relating to participation in, administration of, and benefits from certain municipal retirement systems. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 358, Article 6243g, V.T.C.S., by adding Sections 3A and 3B, as follows: Sec. 3A. (a) Requires a person who becomes a member or resumes membership in the pension system as an employee or elected official of a city to elect to become a Group A or Group B member. (b) Prohibits the date determined for the beginning of elections under this section from being before January 1, 1996. Sec. 3B. (a) Requires each member of the pension system to make a one-time, irrevocable election to retain membership in a group currently joined by the member or change membership to or from Group A to or from Group B. (b) Requires a person who makes the election to pay into the pension fund all contributions that would have been deducted as member contributions to Group A during the period that the person was a Group B member. Requires payments of these amounts to be completed within the earliest of certain dates. Authorizes a member or the member's estate to either make an immediate payment of the balance due or to receive a refund, without interest, of the member's contributions to Group A if the payments are not completed within this period. Provides that a member is considered to have been a Group B member during the period since the member's election and resumes membership in Group B if a refund is paid under this subsection. (c) Requires the pension board to prepare and distribute a brochure containing certain information on an election and to designate one or more persons to be available to provide additional information about the election. (d) Requires an election to be on a board approved form and notarized on execution. Requires the form to include certain information. (e) Prohibits the date determined for the election from being before January 1, 1996. SECTION 2. Amends Section 5(a) and (h), Article 6243g, V.T.C.S., as follows: (a) Creates a pension board of the pension system to receive, handle, control, manage, and disburse the pension fund for the respective city. (h) Requires the pension board to adopt written rules and guidelines for the administration of the pension board, reconcile any inconsistency in this Act, and establish and maintain all records necessary or appropriate for the proper administration of the pension fund. Deletes provisions relating to the manner of distribution of funds. SECTION 3. Amends Section 6, Article 6243g, V.T.C.S., to delete provisions requiring all moneys collected be paid over to the city treasurer. SECTION 4. Amends Section 23(b), Article 6243g, V.T.C.S., to require a Group B member to become eligible to receive a normal pension if the member has attained a certain age and a certain number of years of credited service. SECTION 5. Amends Chapter 358, Article 6243g, V.T.C.S., by adding Section 31A, as follows: Sec. 31A. (a) Authorizes a pension board to pay a member or other beneficiary in a lump sum the present value of any benefit payable to a Group A or Group B member that is less than $10,000, in lieu of any other benefit payable under this Act and notwithstanding anything in this Act to the contrary. Authorizes the board to make a lump sum payment only on written request by the member or other beneficiary if the lump sum present value of the benefit is at least $3,500 but less than $10,000. Requires the board to make any payments as soon as practicable after a member's termination of employment, death, divorce, or election to receive a previously deferred pension. (b) Requires the pension board to adopt actuarial assumptions to be used in determining lump sum present values and amounts distributable. (c) Provides that payments under this section will be paid monthly in amounts determined by the board, if the board determines that available resources in the fund are inadequate to make lump sum payments. (d) Prohibits payments under this section from being made for a benefit that was being paid before September 1, 1995. SECTION 6. Repealer: Sections 23(d) and 24(b), Article 6243g, V.T.C.S. (Eligibility for Pension - Amount of Pension). SECTION 7. Effective date: September 1, 1995. SECTION 8. Emergency clause.